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Fair Work Amendment Regulations 2009 (No. 3)

Authoritative Version
  • - F2009L04157
  • No longer in force
SLI 2009 No. 300 Regulations as made
These Regulations amend the Fair Work Regulations 2009 to clarify the operation of the principal Regulations relating to signature requirements for enterprise agreements, the meaning of temporary absence, illness or injury in relation to employees and the obligations of employing authorities within the public sector and various minor and technical amendments.
Administered by: Education, Employment and Workplace Relations
Registered 13 Nov 2009
Tabling HistoryDate
Tabled HR17-Nov-2009
Tabled Senate17-Nov-2009
Date of repeal 19 Mar 2014
Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014

Fair Work Amendment Regulations 2009 (No. 3)1

Select Legislative Instrument 2009 No. 300

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fair Work Act 2009.

Dated 12 November 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

JULIA GILLARD


1              Name of Regulations

                These Regulations are the Fair Work Amendment Regulations 2009 (No. 3).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Fair Work Regulations 2009

                Schedule 1 amends the Fair Work Regulations 2009.


Schedule 1        Amendments

(regulation 3)

 

[1]           Paragraph 1.16 (c)

omit

paragraph 6 (b)

insert

paragraph 53 (6) (b)

[2]           After regulation 2.06

insert in Division 4

2.06A      Bargaining representative must apply for FWA approval of an enterprise agreement — requirements for signing agreement

         (1)   For subsection 185 (5) of the Act, this regulation prescribes the requirements for the signing of an enterprise agreement.

         (2)   For paragraph 185 (2) (a) of the Act, a copy of an enterprise agreement is a signed copy only if:

                (a)    it is signed by:

                          (i)    the employer covered by the agreement; and

                         (ii)    at least 1 representative of the employees covered by the agreement; and

               (b)    it includes:

                          (i)    the full name and address of each person who signs the agreement; and

                         (ii)    an explanation of the person’s authority to sign the agreement.

Note   Paragraph 185 (2) (a) of the Act requires an application for approval of an enterprise agreement to be accompanied by a signed copy of the agreement.

         (3)   Unless the representative of the employees covered by the agreement is an employee in a class of employees who will be bound by the agreement, the representative’s signature is not taken to indicate that the representative intends to be bound by the agreement.

[3]           After regulation 2.09

insert

2.09A      Requirements for signing variation of enterprise agreement

         (1)   For subsection 210 (4) of the Act, this regulation prescribes the requirements for the signing of a variation to an enterprise agreement.

         (2)   For paragraph 210 (2) (a) of the Act, a copy of a variation to an enterprise agreement is a signed copy only if:

                (a)    it is signed by:

                          (i)    the employer covered by the agreement as varied; and

                         (ii)    at least 1 representative of the employees covered by the agreement as varied; and

               (b)    it includes:

                          (i)    the full name and address of each person who signs the variation; and

                         (ii)    an explanation of the person’s authority to sign the variation.

Note   Paragraph 210 (2) (a) of the Act requires an application for approval of a variation to an enterprise agreement to be accompanied by a signed copy of the variation.

         (3)   Unless the representative of the employees covered by the agreement as varied is an employee in a class of employees who will be bound by the agreement as varied, the representative’s signature is not taken to indicate that the representative intends to be bound by the agreement as varied.

[4]           Paragraph 3.01 (5) (b)

omit

personal/carer’s leave

insert

paid personal/carer’s leave

[5]           Paragraph 6.04 (4) (b)

omit

personal/carer’s leave

insert

paid personal/carer’s leave

[6]           Schedule 5.2, Part 1, item 8.2, column 2

omit

transferring employees

insert

non-transferring employees

[7]           Schedule 5.2, Part 1, item 8.5, column 2

omit

transferring employees

insert

non-transferring employees

[8]           Schedule 5.2, Part 1, item 15.1, column 2, paragraphs (l) (m) and (n)

substitute

    (l)  whether the enterprise agreement is:

         (i)   a single-enterprise agreement; or

        (ii)   a multi-enterprise agreement; or

       (iii)   a greenfields agreement that is a single enterprise agreement; or

       (iv)   a greenfields agreement that is a multi-enterprise agreement ; and

  (m)  the number of employees:

         (i)   employed by each employer; and

        (ii)   covered by the enterprise agreement; and

   (n)  whether the agreement was approved under subsection 189 (2) of the Act; and

[9]           Schedule 6.3, item 1, column 3

add at the end

An officer authorised by the principal executive officer (however called) of the Commonwealth authority employing the persons specified in column 2 of this item

[10]         Schedule 6.3, item 2, column 3

add at the end

An APS employee authorised by the Agency Head within the meaning of the Public Service Act 1999

[11]         Schedule 6.3, item 3, column 3

add at the end

A Parliamentary Service employee authorised by the Presiding Officer within the meaning of the Parliamentary Service Act 1999

[12]         Schedule 6.3, item 6, column 3

add at the end

An employee authorised by the Commissioner for Public Employment for the Northern Territory

[13]         Schedule 6.3, item 7, column 3

add at the end

An employee authorised by the Commissioner for Public Employment for the Northern Territory

[14]         Schedule 6.3, item 8, column 3

add at the end

An employee authorised by the principal executive officer (however called) of the authority employing the persons specified in column 2 of this item

[15]         Schedule 6.3, item 9, column 3

add at the end

An employee authorised by the principal executive officer (however called) of the authority employing the persons specified in column 2 of this item

[16]         Schedule 6.3, item 10, column 3

add at the end

An employee authorised by the authority employing the person

[17]         Schedule 6.3, item 11, column 3

add at the end

An employee authorised by the principal executive officer (however called) of the authority employing the person

[18]         Schedule 6.3, item 12, column 3

add at the end

An AFP employee authorised by the Commissioner within the meaning of that Act

[19]         Schedule 6.3, item 13, column 3

substitute

The Chief Minister of the Australian Capital Territory

An employee authorised by the Chief Minister of the Australian Capital Territory


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.